THE UNITED STATES DISTRICT COURT
`FOR THE WESTERNDISTRICT OF TEXAS
`
`NINTH SUPPLEMENTAL ORDER REGARDING
`
`COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES
`CREATED BY THE COVID-19 PANDEMIC
`
`FILED
`
`OCT 14 2020
`CLERK, US. DISTRICT CLERK
`WESTERN DISTECT OF TEXAS
`BY
`
`" eo”
`
`This Order is being issued in responseto the continued outbreak of novel coronavirus in
`the United States and the State of Texas. The World Health Organization has declared that
`COVID-19 qualifies as a global pandemic, having spread across noless than 120 countries with
`more than 7,787,000 confirmed cases in the United States, as of October 13, 2020 according to
`the Centers for Disease Control (CDC). The United States District Court for the Western District
`of Texas has been closely monitoring the outbreak of novel coronavirus (which causes the
`disease designated as COVID-19), including careful monitoring of the developing guidance from
`the CDC. The CDC has described the outbreak in the United States as a "rapidly evolving
`situation"and is providing continuously updated guidanceas to the appropriate community
`response to COVID-19 as conditions worsen. The State of Texas has seenanincrease in
`COVID-19 cases from 63 on March 15, 2020, to 795,000 as of October 13, 2020. The CDC's
`guidance includes multiple types of migration strategies generally aimed at reducing or avoiding
`exposure to infected individuals.
`
`Asof the date of this Order, there have been thousands of confirmed cases of coronavirus
`within the Western District of Texas. The State of Texas has madeadisaster declarationin
`response. The CDC and other public health entities have recommendedsocial distancing as a
`meansto limit further community spread of COVID-19. The Court is concerned with the health
`and safety of the public, Court employees, staff of other entities with whom Court personnel
`interact, litigants, including defendants in criminal matters, counsel, interpreters, law
`enforcementofficials, and jurors, who must work in close quarters to hear evidence and to
`deliberate.
`
`Therefore, given the continuedseverity of the risk to the persons listed above by the
`spread of COVID-19 in the Western District of Texas, and taking into consideration matters of
`public health, while reducing the size of public gatherings and the needfor travel, the Court
`orders as follows:
`
`1. All civil and criminal jury trials scheduled to begin on anydate from now
`through November 30, 2020, are continued to a date to be reset by each Presiding
`Judge. Civil and criminal benchtrials may proceed provided all safety provisions are
`considered. Attorneys should contact the Presiding Judges in the continued casesif
`they seek to modify any pretrial deadlines.
`
`2. Due to the Court's reduced ability to obtain an adequate spectrumofjurors and due to
`the reduced availability of attorneys and Court staff to be present in courtrooms
`because ofthe public health considerations described above, the time period ofthe
`continuances implemented by this Order are excluded underthe SpeedyTrial Act, 18
`U.S.C. § 3161(h)(7)(A). The Court finds that the ends ofjustice served by ordering
`O-I Glass, Inc.
`O-I Glass, Inc.
`Exhibit 1076
`Exhibit 1076
`O-I Glass v. Culchrome
`O-I Glass v. Culchrome
`IPR2020-01068
`IPR2020-01068
`Ex. 1076-001
`
`Ex. 1076-001
`
`

`

`these continuances outweigh the best interests of the public and each defendant's right
`to a speedytrial. In fact, the best interests of the public are served by these
`continuances.
`
`. The court recognizes that not every division within the district is similarly situated.
`The Western District of Texas is geographically large and encompasses
`approximately 93,000 square miles and 68 counties with many counties far more
`populous than others. The public health situation related to the novel coronavirus in
`each division may differ and judgesin individual divisions may determine that the
`conditions in their communities safely allow for an adequate spectrum ofjurors and
`sufficient availability of attorneys. Accordingly, courts in the district may opt to
`conductjury trials within their respective division subject to a determination, based
`upon the facts and circumstance uniqueto the division, that conducting jury trials
`would not compromise the health and safety of Court personnel, litigants, counsel,
`law enforcement, witnesses and jurors. Ifjudges in a specific division determine jury
`trials can be safely conducted, the mostseniordistrict judge within the relevant
`division may enter an order making those findings and resumingjury trials for the
`division despite this order and with notice to the Chief Judge.
`
`Grand Juries will continuein every division as determined and scheduled by the
`United States Attorney’s Office.
`
`.
`
`Judges may continue to hold in-person hearings, sentencing proceedings, and
`conferences, but counsel may seek relief from those matters by appropriate motions.
`The parties are encouraged to participate in sentencing hearings, detention hearings,
`and pleas and civil or criminal motion hearings and conferences by telephone or
`video. This Order does not impact any court's consideration ofparticular matters on
`the pleadingsalone.
`
`. Magistrate Judges will continue to preside over criminal matters, suchas initial
`appearances,arraignments, detention hearings, pleas, and the issuance of warrants.
`The use of video or telephone for these matters is encouraged.
`
`. Any events involving the Court that are not case-specific, including, but not limited
`to, continuing legal education courses, public tours, and administration of oaths to
`attorneys which are scheduled to occur between now and November30, 2020,are
`hereby cancelled and will be rescheduled as appropriate. Naturalization ceremonies
`may be convenedif appropriate social distancing measures can be ensured.
`
`. All of the courthouses of the Western District of Texas will remain open for business
`subject to any restrictions imposed by a judge or judges in each division. However,
`many employees, including some of chambersstaff, will be teleworking, but they will
`be accessible by phone. Electronic filings may continue to be made through the
`CM/ECFsystem.
`
`. Anydelivery directed to chambers shall be delivered instead to the Clerk's offices in
`each courthouse.
`
`Ex. 1076-002
`
`Ex. 1076-002
`
`

`

`9. Unless vacated, modified, or extended, this Order will remainin effect through
`November30, 2020, and will then expire.
`
`FOR THE COURT.
`
`So ORDEREDand SIGNEDthis |
`
`|
`
`day ofOctober, 2020.
`yw}.
`
`ORLANDO L. GARCIA
`
`Chief United States District Judge
`
`Ex. 1076-003
`
`Ex. 1076-003
`
`